These nine behaviors may be investigated for criminal responsibility during the epidemic prevention and control period.
four people, including Shen Qiu, Xie Mohuan and others, are suspected of obstructing the prevention and control of infectious diseases because of lying and concealing, not cooperating with isolation and other acts. So, what other acts are illegal during the epidemic prevention and control period? In this issue, the live column of Henan CDC's "Healthy Half-monthly Talk" uses analysis cases to tell the laws and regulations on the prevention and control of infectious diseases, and invites Qu Muzi, chief of the law enforcement supervision section of the legal detachment of Zhengzhou Municipal Bureau, and Liang Shijie, director of the Institute of Infectious Diseases of Zhengzhou Municipal Center for Disease Control and Prevention, as guests. If you don't cooperate with nucleic acid, you should bear relevant legal responsibilities! Article 12 of the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases stipulates that all units and individuals within the territory of the People's Republic of China must accept preventive and control measures such as investigation, inspection, sample collection and isolation treatment of infectious diseases by disease prevention and control institutions and medical institutions, and provide relevant information truthfully. Liang Shijie introduced that people who are included in the scope of nucleic acid detection are suspected of violating the provisions of the Emergency Regulations on Public Health Emergencies if they do not participate in the nucleic acid detection organized by the unified organization: relevant units and individuals do not cooperate with the investigation, sampling, technical analysis and inspection, which may violate the Law on Public Security Administration Punishment and constitute a violation of public security management, and will be punished by the public security organs according to law; Anyone suspected of constituting a crime will be investigated for criminal responsibility for the crime of allegedly obstructing the prevention and control of infectious diseases in accordance with the Criminal Law. In the No.1 document in 22, National Health Commission clearly listed the new crown pneumonia as a Class B infectious disease stipulated in the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases, and adopted measures for the prevention and control of Class A infectious diseases. If the epidemic is spread because of the refusal of nucleic acid testing, Article 33 of China's Criminal Law clearly stipulates that anyone who violates the provisions of the Law on the Prevention and Control of Infectious Diseases and causes the spread of Class A infectious diseases or is in serious danger of spreading shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Recently, a woman in Xi 'an broke into the epidemic prevention and control measures without permission, and Qu Muzi introduced that it is a case of refusing to carry out the decisions and orders issued by the people's government in an emergency if she has been in and out of high-risk areas and has no nucleic acid test report, and does not return to the original road according to the requirements of the staff. According to Article 5 of the Law on Public Security Administration Punishment, a warning or a fine of less than 2 yuan may be imposed; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 5 yuan. Those who cause Covid-19 to spread or have a serious risk of spreading shall be convicted and punished in accordance with Article 33th of the Criminal Law for the crime of obstructing the prevention and control of infectious diseases. In August this year, Zhang, a villager from Longquan Township, Ye County, Pingdingshan, drove out to run a business. When he came home at night, he passed the epidemic prevention duty checkpoint in Quanyin Village, but failed to register truthfully according to the epidemic prevention requirements. In the process, he was arrogant and had a dispute with the staff, which affected the normal working order of the checkpoint. The two festivals are approaching. In order to avoid similar incidents, Qu Muzi explained to everyone that this kind of behavior not only violates the Law on the Prevention and Control of Infectious Diseases, but also violates the Law on Public Security Administration Punishment. If the circumstances are serious or cause serious consequences, it may also violate the Criminal Law, which constitutes the crime of stirring up trouble or obstructing official duties. The maximum sentence may be five years in prison. According to Liang Shijie, patients suspected of infectious diseases should bear civil liability if they don't go to the fever clinic according to the regulations. According to the current epidemic prevention policy, citizens who suffer from COVID-19's suspected symptoms such as fever, dry cough, fatigue, decreased sense of smell and taste, stuffy nose, runny nose, sore throat and diarrhea should go to the fever clinic in the nearest hospital in time, truthfully inform the medical staff about their personal information, travel history and contact history, wear masks all the way to the clinic, and avoid taking public transportation. Article 16 of the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases stipulates that patients with infectious diseases, pathogen carriers and patients suspected of infectious diseases shall not engage in any work that is prohibited by laws, administrative regulations and the provisions of the health administrative department of the State Council from spreading the infectious diseases before they are cured or suspected of infectious diseases. If units and individuals violate the provisions of this law for the above reasons, resulting in the spread and epidemic of infectious diseases and causing damage to others' lives and property, they shall bear civil liability according to law. Fabricating false epidemic information can be sentenced to a maximum of 15 years in prison for eye-catching and commercial purposes. What responsibility should you bear for fabricating false epidemic information? Qu Muzi said that according to different severity, the responsibility is different. Suspected of violating the Emergency Response Law, it will be ordered to make corrections and given a warning; If serious consequences are caused, the business activities will be suspended or the practice license will be revoked according to law. Suspected of violating the Law on Public Security Administration Punishment, he will be detained for more than 5 days and less than 1 days, and may also be fined up to 5 yuan; If the circumstances are minor, they will be detained for less than 5 days or fined for less than 5 yuan. Those who seriously disrupt social order may be suspected of violating the Criminal Law and constitute the crime of fabricating and intentionally spreading false information. Whoever fabricates false or terrorist information related to the COVID-19 epidemic, or knowingly disseminates such false or terrorist information, seriously disrupting social order, is suspected of constituting the crime of fabricating or intentionally spreading false terrorist information according to Article 291-1 of the Criminal Law of the People's Republic of China, and the maximum penalty is 15 years' imprisonment. Whoever makes use of the COVID-19 epidemic to create and spread rumors, incite secession, undermine national unity, or incite subversion of state power and overthrow the socialist system is suspected of constituting "the crime of inciting secession" and "the crime of inciting subversion of state power" according to the provisions of Article 13, paragraph 2, and Article 15, paragraph 2 of the Criminal Law of the People's Republic of China, and can be sentenced to a maximum of 15 years' imprisonment. How to deal with patients and suspected patients who refuse or leave isolation treatment without authorization or are sentenced to fixed-term imprisonment of not more than three years or criminal detention? Liang Shijie said that the behavior of the isolated person who escapes from the isolation place without authorization should be punished according to different situations, as follows: First, the actor who escapes from the isolation place without authorization and enters the public place or public transportation should be investigated for criminal responsibility for endangering the public safety in a dangerous way; Second, for suspected patients in COVID-19 who escape from isolation places without authorization, enter public places or public vehicles, and cause the spread of Covid-19, they shall also be investigated for criminal responsibility for the crime of endangering public safety by dangerous methods; Third, for patients and suspected patients in COVID-19 who have been diagnosed and fled the isolation place without authorization, but did not enter the public place or public transportation, they should be investigated for criminal responsibility for the crime of obstructing the prevention and control of infectious diseases; Fourth, if a suspected patient in COVID-19 escapes from an isolated place and enters a public place or a public vehicle without authorization, but it has not caused the spread of Covid-19, he should still be investigated for criminal responsibility for the crime of obstructing the prevention and control of infectious diseases. According to the first paragraph of Article 39 of the Law on the Prevention and Control of Infectious Diseases, the public security organ may assist medical institutions to take compulsory isolation treatment measures if they refuse isolation treatment or leave isolation treatment without expiration of the isolation period. The Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases that Hinder the Prevention and Control of Outbreaks of Infectious Diseases stipulates that anyone who suffers from sudden infectious diseases or is suspected of sudden infectious diseases and refuses to accept quarantine, compulsory isolation or treatment, and negligently causes the spread of infectious diseases, and the circumstances are serious, thus endangering the safety of the public, shall be convicted of the crime of endangering the safety of the public by negligent and dangerous methods in accordance with the provisions of the second paragraph of Article 115 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. During the period of epidemic prevention and control, making trouble in public places can be sentenced to a maximum of 1 years' imprisonment. During the period of epidemic prevention and control in COVID-19, if someone forcibly or arbitrarily damages or occupies public or private property, or makes trouble in public places, causing serious disorder in public places, Qu Muzi said that according to the provisions of Article 293 of the Criminal Law of the People's Republic of China, it is suspected to constitute ". During this period, people gathered to "beat, smash and rob", resulting in disability and death. Qu Muzi introduced that according to the provisions of Articles 289, 234 and 232 of the Criminal Law of the People's Republic of China, they were suspected of constituting "intentional injury" and "intentional homicide", and the maximum penalty was death. The ringleaders who destroy or rob public or private property may be suspected of violating the provisions of Articles 289 and 263 of the Criminal Law of the People's Republic of China, and may be suspected of constituting "robbery", and the maximum penalty may be death. It is illegal for individual clinics to accept patients with fever and cause epidemic spread. "It is also illegal for individual clinics to accept patients with fever without reporting the risk of epidemic spread." Liang Shijie said. According to the State Council's Notice on Further Strengthening Epidemic Prevention and Control in Clinics and Medical Institutions (Joint Prevention and Control Mechanism Medical Development [221] No.46): Clinics that treat patients with COVID-19-related symptoms without authorization in daily medical work should be closed immediately once found, and those that cause serious consequences should be seriously accountable. Liang Shijie introduced that all clinics should not treat patients with COVID-19-related symptoms such as fever, dry cough, fatigue, decreased sense of smell and taste, nasal congestion, runny nose, sore throat, conjunctivitis, myalgia and diarrhea. When the clinic finds patients with COVID-19-related symptoms, it should strictly implement the responsibility system of first diagnosis, and make registration, report and referral according to the specified requirements. Drugstores sell febrile drugs privately in violation of regulations, which can seriously constitute the crime of obstructing the prevention and treatment of infectious diseases. During the epidemic, they illegally sell cold and febrile drugs, etc. Qu Muzi said that if they are suspected of violating the Law on Public Security Administration Punishment, they will be given a warning or fined below 2 yuan; If the circumstances are serious, they will be detained for more than 5 days and less than 1 days, and may also be fined up to 5 yuan. Those who cause novel coronavirus to spread or have a serious risk of spreading may be suspected of violating the Criminal Law, which constitutes a crime of obstructing the prevention and control of infectious diseases. (Yao Qing/Wen Mu _ Intern Pan _/Camera Han Miaoyu/Host Jiang Yulu/Editing)